HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11744 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Supplementary affidavit filed on behalf of the petitioners is taken on record. 2. Heard Mr. Anil Pratap Singh Raghav, learned counsel for the petitioners. 3. The instant petition has been filed for the following relief:- "Set aside the impugned order dated 4.9.2025 passed by Additional District and Sessions, Court No. 3 Bulandshahar and order dated 27.3.2025 passed by the Small Cause Court, Bulandshahar." 4. Counsel for the petitioners submitted that revision No. 46 of 2025 filed by petitioners is pending but prayer for interim relief has been refused in arbitrary manner under the impugned order. He submitted that revisional Court has rejected the applications 6-C (2) filed on behalf of the petitioners and directed the Trial Court to proceed with the execution proceeding. 5. I have considered the arguments advanced by learned counsel for the petitioner and perused the records. 6. There is no dispute about the fact that revision filed by petitioners is pending but the prayer for interim relief has been refused under impugned order dated 4.9.2025. Versus Counsel for Petitioner(s) : Anil Pratap Singh Raghav Counsel for Respondent(s) : Smt. Ragini Saxena And Another .....Petitioner(s) Janki Prasad Anglo Sanskrit Educational Association, Khurja Through Secretary Pawan Kumar And Another .....Respondent(s) 7. This Court in the case reported in 2007 (102) RD 498, Ali Sher Vs. State of U.P. Through Collector, Bijnor and Others has held that the interim protection be granted during pendency of appeal / revision if the order under appeal/ revision has serious civil consequences. Paragraph Nos.4 & 5 of the judgment is relevant which is as follows: "4. It is well settled that once an appeal or revision is entertained by a higher Court against an order having civil consequences stay normally should be granted to avoid swinging pendulum unless the Court for the reasons to be recorded finds that there is no case for grant of stay as observed by the Hon'ble Apex Court in the case of Mool Chand v. Raza Buland Sugar Industries." 5. Considering the facts and circumstances, impugned order dated 16.11.2006 is hereby quashed. Writ petition stands allowed. Appellate Court is directed to disposal of the appeal of petitioner in accordance with law as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order before him and till the disposal of appeal as directed above, parties shall maintain status quo with regard to nature and possession over the land in dispute." 8. Considering the ratio of law laid down by this Court in Ali Sher (Supra), the instant petition is disposed of directing the revisional Court to decide the revision No. 46 of 2025 expeditiously preferably within period of three months from the date of production of certified copy of this order after affording proper opportunity of hearing to the parties. It is further directed that till the disposal of revision No. 46 of 2025, petitioner shall not be evicted from the premises in dispute. September 24, 2025 Vandana Y. A227 No. 11744 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad